“Can’t you feel a
brand new day?”
Based on the available results, I am thrilled to note that
on November 6, 2012, the voters of four states reversed a dramatic and
discouraging pattern of popular votes against same-sex couples’ freedom to
marry. The people of Maryland and (it appears as of this writing) Washington voted “yes” on
referenda approving measures their state legislatures had passed to open civil
marriage to same-sex couples. The people
of Maine approved an initiative to remove the mixed-sex requirement from their
marriage law, just three years after a referendum there defeated a bill the
Maine legislature had passed to do the same.
And in Minnesota, the voters defeated a proposed constitutional
amendment that would have entrenched the state’s present statutory exclusion of
same-sex couples from marriage. This is
an especially welcome development, as it interrupts an unbroken string of
thirty-two marriage “definition” state constitutional ballot measures. (Although Arizona voters rejected a
discriminatory initiative in 2006, that measure would have gone further and
amended the state constitution to block any legal status for same-sex couples
“similar to marriage.” A narrower
‘marriage only’ amendment was approved by a majority of Arizonans voting on it
two years later.)
Coupled with the first-ever election of an openly LGBT
person to the U.S. Senate (Tammy Baldwin, a lesbian and member of the U.S.
House of Representatives from Wisconsin), these four states’ voting for
marriage equality may well mark the beginning of a sea change in the country’s
views of LGBT people and issues affecting us.
It certainly reinforces the view that nationwide marriage equality is,
with the continued hard work of equality supporters of all sexual orientations,
an eventuality and not a mere pipe dream.
I fervently hope that a majority of the Justices of the Supreme Court of
the United States see that and welcome this shift toward fuller justice, and
that they rule accordingly in whatever they do with the cases challenging the
discriminatory federal law restriction on marriage in Section 3 of the
so-called Defense of Marriage Act (DOMA), one or more of which the Court is
certain to take up, and in the Perry
litigation thus far holding unconstitutional California’s Proposition 8, which
amended our state constitution to strip same-sex couples of the right to marry,
which the Court could well decide not to review in light of the careful, narrow
opinion written by Ninth Circuit Court of Appeals judge Stephen Reinhardt. We may know shortly after November 20 whether
the Supreme Court will hear any of those cases.
Today, though, feels like a brand new day.
Everybody look around
'Cause there's a
reason to rejoice you see
Everybody come out
And let's commence to
singing joyfully
Everybody look up
And feel the hope that
we've been waiting for
Everybody's glad
Because our silent
fear and dread is gone
Freedom, you see, has
got our hearts singing so joyfully
Just look about
You owe it to yourself
to check it out
Can't you feel a brand
new day?
[“Everybody Rejoice (Brand New Day),” by Charlie Small, from
the soundtrack of The Wiz]
[date typo corrected 20121107 8:23 p.m. PST]
[date typo corrected 20121107 8:23 p.m. PST]
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